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HomeMy WebLinkAboutBy-law 1779BY-LAW NUMBER 1779 ls.t Reading. Mr.~ ~' ~%o( se conded by ~,r. ~,~ ~a-~c~ moves for leave to introduce s By-law to regulate the erection and to provide for the safety of buildings, and that same now be read a first time. 2nd Reading 1779 - a Building By-law - be now read a second time, and that the Council go into committee of the whole thereon. 3rd Reading moves that the Report of the Committee of the whole on By-law No.1779 be adopted, and that the said By-law be now reed a third time and psssed; that the Reeve and Clerk sign the same end that the seal of the Corporation be affixed thereto. CARRIED this of day ~, 1949. BY-LAW NUMBER 17,,,,,79 To regulate the erection and to provide for the safety of buildings. WHEREAS it is expedient and necessary to regulate the erection, alteration, enlargement, repair and removal, and generally to provide for the safety and fire protection of buildings and health and sanitation in Dwellings in the Township of Picketing: BE IT THEREFORE ENACTED by the Council of the Corporation of the Township of Picketing, as follows :- S~CTION 1. AD~INISTRATION. 101 Short Title. This By-law may be cited as the "Building By-law", and is herein- after referred to as "~hts code". ' Wherever applicable, the provisions of this code shall apply to all buildings and the term "buildings" shall include other structures. Where in this code such terms as "proper" "adequate" "s~fficient" "ample" "suitable" "substantial" "necessary" "dangerous"'and the like, or derivatives thereof are used, they shall be understood to mean proper, adequate and so forth, to the satisfaction, or in the opinion, of the Building Inspector, and such terms as "where practicable","where required", "as far as possible" shall have a llke significance. 1,92 StaDdard Specifications and Regulations. All standard specifications and regulations adopted, wholly or in part, in this code are hereby declared to be a part of this code and all buildings, additions or alterations hereafter constructed or made shall conform to the provisions of this code. Wherever dated specifications or regulations are cited, subsequent editions may be used subject to permission from the Building Inspector. Tests The cost of any test that may be required by this code or by the Building Inspector, shall be paid for by the person wishing to use the material, device or construction in question. National Buildin~ Code. This code is based on the National Building Code prepared by the National Research Council, Ottawa, (Code 1078), and applies specifically to one or two family dwellings and their accessory buildings. For other types of buildings and for construction not specifi- cally contained herein, the provisions of the National Building Code and its amendments from time to time shall be complied with, in so far as they are applicable. The National Building Code is hereby a part of this By-law and is attached as Schedule "A". The provisions of the National Building Code shall, in so far as they are applicable, apply to all buildings, additions or alterations to buildings constructed or additions or alterations to buildings within the Township of Picketing. Every building, other than one or two family dwellings, and costing five thousand dollars ($5,000.) or more shall have plans signed by a qualified Architect or Engineer. This provision shall not apply to farm accessory buildings when erected at least thirty feet (30') from the property llne. 103 Building Inspector. The provisions of this code shall be enforced by the Building Inspector, or his assistants, appointed by the Municipal Council. Records. The Building Inspector shall keep proper records of all app~ations received, permits and orders issued, inspections and tests made, reports received and made, and retain copies of all papers and By-L_AW NO. 1779. Page No.2. documents connected with the administration of his duties. IDspection. The Building Inspector, or his authorized repre- sentative, may at all reasonable hours enter into or upon any building or premises for the purpose of ascertaining whether or not the provisions of this code are being complied with. 10~ Existing Buildings. Nothing in this code shall require the removal, alteration or abandonment of, nor prevent continuance of the use or occupancy ~ an existing building, unless, in the opinion of the authority having Jurisdiction, such building constitutes a hazard to safety of adjacent property. 10% Building Permits. (a) General. A building permit shall be obtained from the Building Inspector by the owner or his authorized agent for the excava- tion, erection, alteration, reconstruction, removal, or wrecking of, or repairs to, any building or part of any building which it is proposed to construct, and for any addition or alteration to a building. No such work shall be con~nenced until the building permit has been obtained and is prominently displayed on the site of the work. (b) Application for a BuildiB~ P~rmlt. The applicant for a building permit shall file with the Building Inspector a signed statement as to the use or purpose for which such building is intended, together with duplicate copies of the plans of same, drawn to a scale of not less than one-eighth of an inch to a foot, showing the actual dimensions, including the dimensions of the lot to be built upon, all structures existing upon the said lot with the heights and dimensions of same, the heights and dimensions of the proposed structures, and other such information as may be necessary to provide for the enforcement of this code. The applicant for a building permit for a dwelling shall deposit with the Building Inspector a certified cheque for Three Huudred Dollars ($300.00), or other legal tender, made out to the Township of Picketing. This cheque shall be deposited with the Township until the main outside structure, including permanent doors, windows and roof, has been completed in accordance with the requirements of this By-law, at which time the funds will be returned to the applicant. An applicant for a building permit who desires to live in a garage or other building on the property during the course of the construction may, if the Building Inspector approves of the place to be used for temporary living quarters, obtain a temporary permit not valid for more than six months upon the applicant signing an agreement satisfactory to the Building Inspector and depositing the s~33u of Three Hundred Dollars ($300.00) which is to be a guarantee that the temporary quarters will not be used for living quarters beyond the six month period and if any building, or part of building, is so used the Building Inspector is entitled to remove any belongings of the applicant and make such change in the place used as he may deem necessary to prevent its use for living quarters. If there is any surplus after correcting the condition, such, surplus shall be returned to the applicant. If there is any shortage the applicant shall pay any such shortage to the Corporation forthwith upon demand. BY-LAW NO. 1779. Page No. ~. (c) Granting or Building Permits. The application, plan and specifications filed by an applicant for a building permit shall be examined by the Building Inspector, and if it appears to him that such plans and specifica- tions are in conformity with the requirements of this code and all other laws or ordlrances applicable thereto, the Building Inspector shsll issue the Buildin~ Permit upon receipt of the required permit fee. Neither the granting of a building permit, approval of plans and specifications, nor inspections made by the Building Inspector durin~ the erection of a structore, shall in any way relieve the owner, or his agents, from full respons~bility for the carrying out of the work in strict accordance with this code, or for the stability of the structure. ~he Municipality is not in anv way responsible to any person for the inspection or lack of inspection of any building. The fact that a Building Inspector or other authorized person has not objected to any work bein~ done by an owner or other person shall in no way make the Corporation liable for any act or omission on the part of the Building Inspector or other person. Building Permit Limitations. Any building permit issued by the Buildin% Inspector under tbs provisions of this code shall expire in twelve (12) months from the date of issue. Building peri, its shall be subject to revccation when construction is discontinued for a period which, in the opinion of the Building Inspector, the completion of the construction has been unduly delayed. Such revocation shall not be rescinded until the plans and incomplete construction are made to comply with all the requirements of this code at the time of rescfndinz such revocation. Requirements after i~suance of Building Permits. The Building Inspector may require notice to be given by the owner, or his authorized agent, to the Building Inspector of the intention to carry out any constructional operations in order that inspection may be made at particular stages of construction. (e) Alterations to Plans No person shall erase, alter or modlfv any drawings or specifications upon which a building permit has been granted by the Building Inspector, unless the Building Inspector has agreed to such changes. If, d~ring the progress of the work, it is desired to deviste from the plans filed with the application for a building permit in any manner, notice of such desired alterations shall first be made in writing to the Building Inspector, and his written approval shall be obtained before such alterations shall be commenced. (f) .Occupancy Permits. New Buildings - No building hereafter constructed shall be occupied in any part thereof until it has been completed according to the requirements of this code, or until an occupancy permit has been issued by tbs Building Ins~ctor. Changes of Occupancy. No chanMe shall be made in the use or occupancy of any building or part thereof until a permit for the proposed occupancy has been issued by the Buildin~ Inspector. Such occupancy permit shall be issued by the Building Inspector, if it is found that the building complies with the provisions of this code for BY-LAW N,O. 1779. Pane ~o. 4' the proposed occupancy or, in the case of an existing building, if the conditions prescribed in Clause 109 - Non-conforming Buildings are fulfilled. 106 Dangerous Buildings. Whenever, in the opinion of'the Building Inspector, any building or part thereof, is, by reason of its dilapidated state, faulty construction, or otherwise, in an unsafe condition as regards danger from fire or risk of accident, the Building Inspector may give to the owner of such building, or his agent, notice in writing specifying wherein such unsafe condition exists, and upon receipt of such notice, the said owner or his agent shall forthwith put such building, or part thereof, in a safe condition or demolish same. When, in the opinion of the Building Inspector, any building, or part thereof, is in such condition that i~mnediate precautionary measures must be taken in order to avert an accident, the Building Inspector may pull down, repair or renew any such building, or part thereof, at the expense of the owner, whether or not notice has first been given to such owner or his agent, and such expense may be recovered from such owner by action or may be recovered in like manner as Municipal taxes. 107 Enforcements. (a) Enforcement of Provisions of Code. Without prejudice to the operation of any other law, it shall be the duty of the Building Inspector to take the necessary measures to institute proceedings against any person who contra- venes any of the provisions of this code. Offences and Penalties. Every one who contravenes any of the provisions of this code or any requirements or obligations imposed on him by virtue of this code, or who interferes with or obstructs any person in the discharge of his duties under this code, shall be guilty of an offence and liable on summary conviction to a fine not exceeding fifty dollars ($50.00) and costs. In the event of any person failing to carry out the requirements or obligations imposed on him by virtue of the provisions of this code, and if such retirements or obligations are not complied with in accordance with an order made by the Building Inspector, under the provisions of this code, the Building Inspector may, where he deems it necessary and advisable, enter upon the premises in respect of which an order has been made and carry out, at the expense of the responsible person, the requirements or obligations referred to in the said order, and the expense, if not paid on demand, may be recovered with costs in a Court of competent Juriediction, or it may be recovered in the same manner as a debt due for municipal taxes on the land where the expense was incurred. 108 Permit Fees. Build,n8 Permit Fees. Fees as prescribed herein shall be paid to the Building Inspector before a Building Permit will be granted :- BY-LAW NO. 1779. Page No. 5. Buildin~ Permit Fees - Cont'd: (a) New Building, or re-erection of old building,on new site, other than accessory building, cost not exceeding $ ,ooo.oo . $5. oo For each additional $1,000.00 or major portion thereof $1.00 (b) Accessory building, other than a private garage not over 250 square feet in area $1.00 (c) Accessory Building, other than a private garage, over 250 square feet in area, cost not exceeding $2,000. $3.00 Each additional $1,000. or major portion thereof ... $1.00 (d) Private Garages, detached or attached, per each car accommodation . $1.00 (e) Demolition or removal of any building $1.00 (c) Alterations and repairs not exceedin~ $1,000.00 $2.00 Each additional $500. or major portion thereof ~1.00 0cdupancy Permit Fees. Fees as prescribed herein shall be paid to the Building Inspector before an occupancy permit will be granted :- (a) Permit to occupy a dwelling prior to its completion. (See 105 F.) .. .$1.00 (b) Change of Occupancy, if no building permit is required . $2.00 109 Application. New Buildings. No building, or any part of any building shall hereafter be constructed except in conformity with the provisions of this code. The re-erection of an existing building on a new site shall be deemed to be an erection of a new building. B~i~ding Permits issued prior to adgption of this code. Any building in course enactment of this code, may be ments at the time of the issue buildings. of construction at the date of completed according to the require- of the permit for such uncompleted A~terationsa addltions~ repairs and changes of Use or Occupancy. General. Except as provided in the following item "Non-con~-~g Buildings", all alterations, additions, repairs, made hereafter whether to existing buildings or to buildings hereafter erected shall conform to the requirements of this code. BY-LAW No. ~779- Page No....6. Non-cgnf,ormin~ Buildings. The following provisions shell apply when alterations, additions, repairs or changes of use or occupancy are made to existing buildings which for any reason whatsoever do not conform to the requirements of this code. (a) Chan~ed Use. If the.existing use or occupancy of an existing building is changed to a use or occupancy which would net be permitted in a similar building hereafter erected, which includes the use of a summer cottage for an all-year-round .~welltng, the entire building shall be made to conform with the requirements given herein for new buildings, unless the Council in special cases otherwise permits. (b) Increases in Hei~ht. The number of storeys in cry existing building ~hall not be Increased unless the building and all existing or proposed additions and alterations are made to comply with all the requirements of this code and a permit obtained in the manner provided by this code. Structural Alterations and Repairs. ?mere any alteration or repair is made to the structural portion of any b~]ilding, such structural portion or such part thereof as may be deemed necessary by the Building Inspector shall conform to the requirements of this code for new buildings. Accessory Buildings Exempted. This Code shall not apply to accessory buildings used solely in the pursuit of farming or market gardening on a parcel of land having an area of not less than five (~) acres. Contfnuous Foundation Wall. All dwellings shall have a continuous foundation wall s,~pporting the main outside wall of the structure, and such foundation wall shall be placed on adequate footings in accordance with the requirements o~ the National Building Code. 110. Structural Requirements. For the guidance of applicants for Building Permits, the following numbers are take,~ out of the National Research Council of Canada, National Building Code No. 1068:- Wood Framing Lmmber Plank Construction Concrete Construetlon . Wall Construction, Wood Joist Lengths and slzea Plumbing Facilities Depth of Foundations. Foundation Walls Materials. See No.~01 National Building Co " " 620 " " " " " 616 " " " " " 617 " " " " Appendix E.2 etc. " No.~0~ National Building Co. " " " " " " " 609 " " " 111. By-law Number 1637 is hereby repealed and any other By-law By-law No. 177..9. Page No. 7. which is contrary to the provisions of this By-law shall be repealed insofar as may be necessary to ~ive full effect to this By-law. By-law read a first and second time th~s Fourth day of July By-law read a third time and PASSED, this Fourth day of ~uly, ~949.